ZTE Application For Commercial Credit (new Logo), 18 August 2014x 220916

User Manual: ZTE Application-for-commercial-credit-220916

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APPLICATION FOR COMMERCIAL CREDIT

Please indicate the company you wish to trade with:

Western Australia: Advantage Air Aust. Pty Ltd (ABN 77 056 510 555)

Queensland: Advantage Air (QLD) Pty Ltd (ABN 95 093 328 824)

Applicant
Company name
Trading name
ACN

ABN

Business registered address
Business postal address
Orders tel

Accounts tel

Orders fax

Accounts fax

Email

Nature of business

Type of business

Sole trader

Partnership

Company

Other businesses owned
Expected monthly purchases

Highest $

Lowest $

If the company includes a trust, the name of the trust
is
Name & address of accountants
Name of bank

Branch

Account no.

BSB
Yes

No

Are there any charges over the assets of the partner/director Yes

No

Are the business premises owned

Are there any charges or PPSA security interests over the Yes
assets of the Applicant

No

Details of partners/directors
Name

DOB

Address

Drivers licence

Title

Mobile

Name

DOB

Address

Drivers licence

Title

Mobile

Trade references (please supply four (4) trade references of similar size purchases to the credit applied for)
Name and Contact Person

Telephone

Address

Fax

Name and Contact Person

Telephone

Address

Fax

Name and Contact Person

Telephone

Address

Fax

Name and Contact Person

Telephone

Address

Fax

Western Australia:
Advantage Air Aust. Pty Ltd
PO Box 5166,
Canning Vale South WA 6155
p 08 6253 0100 f
08 9456 5688

e stores@advantageair.com.au
w www.advantageair.com.au

Queensland:
Advantage Air (QLD) Pty Ltd
359 Fison Avenue East
Eagle Farm QLD 4009
p 07 3623 2600
f 07 3268 2366

e brisbane@advantageair.com.au
w www.advantageair.com.au

Page 1 of 8

TERMS AND CONDITIONS
Parties
1.

Supplier means Advantage Air Aust Pty Ltd ABN 77 056 510 555, Advantage Air
(QLD) Pty Ltd ABN 95 093 328 824, and their related bodies corporate (as that
term is defined in the Corporations Act 2001) (jointly and severally). Applicant
means the party named as the Applicant in the application.

Definitions
2.

agreement means these terms and conditions and includes the application for
commercial credit and any order.
application for commercial credit means the application attached to these terms
and conditions.
goods means goods and services supplied by the Supplier to the Applicant,
including all goods and services set out or identified in the order, invoice and any
other document provided to the Applicant by the Supplier.
invoice means a tax invoice issued to the Applicant by the Supplier.
order means an order placed or communicated with or to the Supplier by the
Applicant.

Agreement
3.

The Applicant agrees that these terms and conditions will apply to the supply of all
goods by the Supplier to the Applicant. The agreement between the Supplier and the
Applicant will not include any terms or conditions of the Applicant (including on
any order given by the Applicant) unless the Supplier agrees in writing).

Payment Terms
4.

5.

The terms of payment are strictly thirty (30) days (or such other period as nominated
by the Supplier and advised to the Applicant) from the last day of the month of
delivery of the order.
If the Applicant does not pay an invoice in full by the payment due date the Supplier
reserves the right to charge the Applicant, in addition to any other costs recoverable
under this agreement:
(a) interest on the total monies owed to the Supplier, calculated daily using an
interest rate of 21% per annum; and
(b) any costs and expenses (including any commission payable to any
commercial or mercantile agents and all legal costs on a full indemnity basis)
incurred by the Supplier in recovering any unpaid amounts under this
agreement.

Prices, GST and discounts
6.

The prices shown in the Supplier’s current price list, as displayed/provided to
Applicant, are subject to change without notice. Unless otherwise stated, prices in
the price list are exclusive of GST. All items in the price list will attract GST.

Placing orders
7.

Orders are to specify an order number or reference, the date the order was placed
and the goods ordered with the preferred date of delivery of the goods (“the delivery
date”). While the Supplier will make every effort to hold sufficient quantity of all
goods in stock at all times, the Supplier may not always have a sufficient quantity of
all goods in stock at all times to satisfy the Applicant’s order.
8. Where the Supplier cannot fulfil an order it will notify the Applicant and offer
alternative arrangements. If the Applicant is not satisfied with the new arrangement
proposed, they may cancel the order.
9. The Supplier may change the specifications of the goods without notice. If the
Applicant is not satisfied with the new specifications, they may cancel the order.
10. The Supplier may decline any order received from the Applicant within five (5)
days of the order being received by the Supplier.

Delivery
11. If requested in the order, the Supplier shall deliver each order to the site specified by
the Applicant by the delivery date between the hours of 7.00am and 5.00pm
Monday to Friday.
12. The Supplier is not liable for late delivery or failure to supply the goods for reasons
beyond its control.
13. A delivery charge (as detailed under the “deliveries” section of the Supplier’s price
list) is charged for deliveries by the Supplier. This is payable by the Applicant.
14. Deliveries on Saturday can be made, but only with prior arrangement with the
Supplier, and between the hours of 8:30am and 12 noon.

Risk
15. Risk in the goods passes from the Supplier to the Applicant on the earlier of:
(a) delivery of the goods to the site chosen by the Applicant, whether or not the
Applicant or their agent acknowledges receipt of delivery; and
(b) when payment of the order is made by the Applicant in full.
16. For the avoidance of doubt, goods paid for by the Applicant upfront, stored and
delivered to site by the Supplier at the request of the Applicant are the property of
the Applicant from the time payment is made. The Supplier, whilst providing due
care in the handling and storage of goods, accepts no responsibility or liability for
any damage or loss.

Return of goods
17. Goods returned for credit will only be accepted by the Supplier if, in the Supplier’s
opinion, they are in their original condition. The Applicant agrees that goods that are
non-standard or special items cannot be returned.
18. The Supplier will charge a handling fee equal to 25 percent of the price of any
goods returned for credit.
19. The Applicant must notify the Supplier within twenty-four (24) hours of delivery of
the goods that they want to return the goods.

Jurisdiction
20. The Applicant acknowledges and agrees that this agreement will be governed by the
laws of Western Australia, and the laws of the Commonwealth of Australia which
are in force in Western Australia.
21. The Applicant acknowledges and agrees that any contract for the supply of goods
between the Supplier and the Applicant is formed at the address of the Supplier.
22. The parties to this agreement submit to the non-exclusive jurisdiction of the courts
of Western Australia and the relevant federal courts and courts competent to hear
appeals from those courts.

Security/charges
23. The Applicant charges in favour of the Supplier all of its estate and interest in any
real property that the Applicant owns at present and in the future and in present and
after acquired personal property with the amount of its indebtedness hereunder and
the performance of its obligations pursuant to this agreement until discharged.

24. The Applicant irrevocably appoints as its attorney any director of the Supplier to
execute, on behalf of the Applicant and in the Applicant's name, any mortgage in
favour of the Supplier or any consent to caveat by the Supplier over any real
property owned by the Applicant. Applicant consents to and authorises such
execution and to lodgement and registration of such mortgages or consents to caveat
in any jurisdiction. The Applicant agrees that it is not necessary for the Applicant to
have default in its obligations under this agreement before such execution,
lodgement and registration may be effected..

Purpose of credit
25. The Applicant acknowledges and agrees that the credit to be provided to the
Applicant by the Supplier is to be applied wholly or predominantly for commercial
purposes.

Formation of contract
26. Quotations made by the Supplier will not be construed as an offer or obligation to
supply in accordance with the quotation. The Supplier reserves the right to accept or
reject, at its discretion, any offer to purchase received by it. Only written acceptance
by the Supplier of the Applicant’s offer will complete a contract.
27. Placement of an order, either verbally or in writing, will imply acceptance of the
Supplier’s offer and of this agreement.

Retention of title
28. Whilst the Applicant has not paid for the goods supplied in full at any time, the
Applicant agrees that property and title in the goods will not pass to the Applicant
and the Supplier retains the legal and equitable title in those goods supplied and not
yet sold.
29. Until payment in full has been made to the Supplier, the Applicant will hold the
goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a
manner that they can be identified as the property of the Supplier, and will not mix
the goods with other similar goods.
30. The Applicant will be entitled to sell the goods in the ordinary course of its
business, but until full payment for the goods has been made to the Supplier, the
Applicant will sell as agent and bailee for the Supplier and the proceeds of sale of
the goods will be held by the Applicant on trust for the Supplier absolutely.
31. The Applicant’s indebtedness to the Supplier, whether in full or in part, will not be
discharged by the operation of clause 30 hereof unless and until the funds held on
trust are remitted to the Supplier and those funds are sufficient to make payment for
the goods in full.
32. The Applicant agrees that whilst property and title in the goods remains with the
Supplier, the Supplier has the right, with or without prior notice to the Applicant, to
enter upon any premises occupied by the Applicant (or any receiver, receiver and
manager, administrator, liquidator or trustee in bankruptcy of the Applicant) to
inspect the goods of the Supplier and to repossess the goods which may be in the
Applicant’s possession, custody or control when payment is overdue. The Applicant
shall indemnify the Supplier from any claims made by any third party as a result of
such exercise.
33. The Applicant will be responsible for the Supplier’s costs and expenses in
exercising its rights under clause 32. Where the Supplier exercises any power to
enter the premises, that entry will not give rise to any action of trespass or similar
action on the part of the Applicant against the Supplier, its employees, servants or
agents.
34. The Applicant agrees that where the goods have been retaken into the possession of
the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if
necessary, sell the goods with the trademark or name of the Applicant on those
goods, and the Applicant hereby grants an irrevocable licence to the Supplier to do
all things necessary to sell the goods bearing the name or trademark of
the Applicant.
35. For the avoidance of doubt, the Supplier’s interest in goods supplied to the
Applicant but not yet paid for constitutes a ‘purchase money security interest’
pursuant to the Personal Property Securities Act 2009.

Warranty
36. The Supplier’s warranty policy, as set out at pages 6 to 8 of this agreement, applies
to the goods. To the extent permitted by law and except as otherwise stated in the
Supplier’s warranty policy all other conditions, warranties and liabilities in respect
of the goods are excluded.
37. Nothing in this agreement shall be read or applied so as to purport to exclude,
restrict or modify or have the effect of excluding, restricting or modifying the
application in relation to the supply of any goods pursuant to this agreement of all or
any of the provisions of the Competition and Consumer Act 2010 or any relevant
State or Federal Legislation which by law cannot be excluded, restricted or
modified. Where consumer rights and remedies provided for by the Competition and
Consumer Act 2010 apply to the provision of goods by the Supplier to the Applicant
and cannot be contracted out of, they apply and override any inconsistent provisions
in this agreement but only to the extent of the inconsistency.
38. Subject to the Applicant’s rights under statute and the Supplier’s warranty policy, in
relation to:
(a) the supply of goods, the Supplier’s liability is limited (as elected by the
Supplier) to replacing the goods or supplying similar goods or repairing the
goods or providing the cost for replacing the goods or for acquiring equivalent
goods or providing the cost for having the goods repaired; and
(b) the supply of services, the Supplier’s liability is limited (as elected by the
Supplier) to supplying the service again or providing for the cost of having the
services supplied again.

Cancellation of terms of credit
39. The Supplier reserves the right to withdraw credit at any time, whether the
Applicant is in default under the terms of this agreement or not.
40. If the Applicant fails to comply with any of the terms of this agreement, suffers an
Insolvency Event or makes any misrepresentation to the Supplier all liabilities
incurred by the Applicant will become immediately due and payable to the Supplier.

Provision of further information
41. The Applicant undertakes to comply with any request from the Supplier to provide
further information for the purpose of assessing the Applicant’s creditworthiness,
including an updated credit application. The Applicant and the Supplier agree that
the terms of the Privacy Act 1988 authorisation attached to this agreement will apply
to any information provided by the Application pursuant to a request from the
Supplier.
Page 2 of 8

Set-off

42. If the Applicant is a corporation (with the exception of a public listed company), it
must advise the Supplier of any alteration to its corporate structure (for example, by
changing directors, shareholders, or its constitution). In the case of a change of
directors or shareholders the Supplier may ask for new guarantors to sign a
guarantee and indemnity.

56. All payments required to be made by the Applicant under this agreement will be
made free of any set-off, or counterclaim and without deduction or withholding.
57. Any amount due to the Supplier from time to time may be deducted from any
monies which may be or may become payable to the Applicant by the Supplier.

Corporations

Limit on Liability and Indemnity

43. If the Applicant is a corporation, the Applicant warrants that this agreement has
been duly executed by the corporation and that all of its directors will enter into a
guarantee and indemnity with the Supplier in relation to the Applicant's obligations
to the Supplier.

58. The Supplier is not liable for any loss caused to the Applicant by reason of strikes,
lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other
activity beyond the Supplier's control. If, by reason of anything beyond its control,
the Supplier cannot perform the whole or part of its obligations under this agreement
the Supplier shall be relieved of those obligations to the extent and for the period
that it is unable to perform them and shall not be liable to the Applicant for the
resulting loss.
59. The Applicant agrees to indemnify the Supplier and its directors, officers and
employees (Indemnified Persons) and keep the Indemnified Persons indemnified
against any loss suffered by the Supplier arising out of or in connection with this
agreement, except to the extent the loss is caused by the Indemnified Persons. This
indemnity includes any legal fees and expenses the Indemnified Persons incur in
order to enforce its rights, on a full indemnity basis.
60. To the full extent permitted by law, the Applicant releases each Indemnified Person
from all claims the Applicant may have arising out of or in connection with this
agreement, including the Applicant’s use and possession of the goods.
61. The indemnity and release in clause 59 does not apply to the extent an Indemnified
Person is guilty of fraudulent acts or omissions or a breach of this agreement.
62. The Applicant agrees that the maximum aggregate liability of the Supplier for all
claims under or relating to this agreement or its subject matter, whether in contract,
tort (including negligence), in equity, under statute, under an indemnity or on any
other basis, is limited to the price paid by the Applicant under this agreement.
63. The Supplier shall not under any circumstances be liable, whether claims are made
or not, to the Applicant or any third party in respect of any consequential or special
losses (including loss of profit, economic or financial loss, damages, consequential
loss, loss of opportunity or benefit, loss of a right) or any other indirect loss.

Trustee capacity
44. If the Applicant is the trustee of a trust (whether disclosed to the Supplier or not),
the Applicant warrants to the Supplier that:
(a) the Applicant enters into this agreement in both its capacity as trustee and in its
personal capacity;
(b) the Applicant has the right to be indemnified out of the trust assets;
(c) the Applicant has the power under the trust deed to sign this agreement; and
(d) the Applicant will not retire as trustee of the trust or appoint any new or
additional trustee without advising the Supplier.
45. The Applicant must give the Supplier a copy of the trust deed upon request.

Partnership
46. If the Applicant enters into this agreement as partners, the Applicant warrants that
all of the partners have signed this agreement and that all of the partners will enter
into a guarantee and indemnity with the Supplier in relation to the Applicant's
obligations to the Supplier.
47. If the Applicant is a partnership, it must not alter its partnership (for example,
adding or removing partners or altering its partnership agreement) without advising
the Supplier. In the case of a change of partners, the Supplier may ask for new
guarantors to sign a guarantee and indemnity.
48. The Applicant must give the Supplier a copy of the partnership deed upon request.

Insolvency
49. If an insolvency event occurs in respect of the Applicant, the Applicant remains
liable under this agreement for payment of all liabilities incurred hereunder. The
Applicant remains liable under this agreement even if the Supplier receives a
dividend or payment as a result of the Applicant being insolvent. For the purposes of
this clause Insolvency event means: (a) the Applicant is insolvent, has a receiver,
manager, administrator, liquidator or controller appointed over it or its assets or
makes composition with its creditors; (b) commits an act of bankruptcy or
insolvency, liquidation, administration or appointment of any of the persons referred
to in clause 49(a); (c) is the subject of an application for winding up, deregistration
or administration; (d) calls a meeting of its creditors; (e) passes a resolution for its
winding up, deregistration or administration; (f) has judgment entered against it in
any cause in an amount in excess of $20,000; or (g) compromises with its creditors.

Waiver
50. A waiver of any provision or breach of this agreement by the Supplier must be made
by an authorised officer of the Supplier in writing. A waiver of any provision or
breach of this agreement by the Applicant must be made by the Applicant's
authorised officer in writing.
51. Until ownership of the goods passes, the Applicant waives its rights it would
otherwise have under the Personal Property Securities Act 2009 and any other
legislation and regulations in respect of that Act (PPSA): (a) under section 95 to
receive notice of intention to remove an accession; (b) under section 118 to receive
notice that the Supplier intends to enforce its security interest in accordance with
land law; (c) under section 121(4) to receive a notice of enforcement action against
liquid assets; (d) under section 129 to receive a notice of disposal of goods by the
Supplier purchasing the goods; (e) under section 130 to receive a notice to dispose
of goods; (f) under section 132(2) to receive a statement of account following
disposal of goods; (g) under section 132(4) to receive a statement of account if no
disposal of goods for each 6 month period; (h) under section 135 to receive notice of
any proposal of the Supplier to retain goods; (i) under section 137(2) to object to
any proposal of the Supplier to retain or dispose of goods; (j) under section 142 to
redeem the goods; (k) under section 143 to reinstate the security agreement; and
(l)under section 157(1) and 157(3) to receive a notice of any verification statement.

Costs
52. The Applicant must pay for its own legal, accounting and business costs and all
costs incurred by the Supplier relating to any default by the Applicant. The
Applicant must also pay for all stamp duty and other taxes payable on this
agreement (if any).
53. The Applicant acknowledges and agrees that payments by the Applicant will be
applied by the Supplier as follows.
(a) Firstly, in payment of any and all collection and repossession costs and legal
costs in accordance with clauses 5(b) and 30;
(b) Secondly, in payment of any interest incurred in accordance with clause 5(a).
(c) Thirdly, in payment of the outstanding invoice(s).

Taxes and duty
54. The Applicant must pay GST on any taxable supply made by the Supplier to the
Applicant under this agreement. The payment of GST is in addition to any other
consideration payable by the Applicant for a taxable supply.
55. If as a result of:
(a) any legislation becoming applicable to the subject matter of this agreement; or
(b) any changes in legislation or its interpretation by a court of competent
jurisdiction or by any authority charged with its administration;
the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the
amounts received from the Applicant, then the Applicant must pay the Supplier
these additional amounts on demand.

Personal Property Securities Act 2009 (“PPSA”)
64. The Applicant will, at the request of the Supplier, execute documents and do such
further acts as may be required for the Supplier to register the security interest
granted by the Applicant under the PPSA.
65. The Applicant agrees:
(a) to accept service of any document required to be served, including any notice
under this agreement or the PPSA or any originating process, by prepaid post at
any address nominated in this agreement or any other address later notified to
the Supplier by the Applicant or the Applicant’s authorised representative; and
(b) that where the Supplier has rights in addition to those under part 4 of the PPSA,
those rights will continue to apply.
66. The Applicant irrevocably grants to the Supplier the right to enter upon the
Applicant’s property or premises, without notice, and without being in any way
liable to the Applicant or to any third party, if the Supplier has cause to exercise any
of their rights under sections 123 and/or 128 of the PPSA, and the Applicant shall
indemnify the Supplier from any claims made by any third party as a result of such
exercise.
67. The Applicant hereby consents to the Supplier recording the details of this
Agreement on the Personal Property Securities Register and agrees to do all things
necessary and reasonably required by the Supplier to affect such registration.
68. The Applicant waives any right or entitlement to receive notice of the registration of
any security interest(s) created by this instrument on the Personal Property
Securities Register.

Miscellaneous
69. The Applicant agrees that the Supplier is entitled to supply goods to any other
person or firm.
70. Where a party comprises two or more persons, then unless expressly stated
otherwise (a) the covenants and obligations by or on behalf of that party binds those
two or more persons jointly and each of them severally; and (b) the benefit of any
covenant or obligation in favour of that party accrues to and may be enforced by any
one or more of those persons.
71. If any provision of this agreement is not enforceable in accordance with its terms,
other provisions which are self-sustaining are, and continue to be, enforceable in
accordance with their terms. If any part of this agreement is invalid or
unenforceable, that part is deleted and the remainder of the agreement remains
effective.
72. The Applicant agrees that these terms and conditions may be varied, added to, or
amended by an authorised officer of the Supplier at any time by written notice to
the Applicant. If the Applicant believes that the variation will prejudice its rights,
the Applicant may terminate this agreement within 14 days of such notice.
73. Any proposed variation to these terms and conditions by the Applicant must be
requested in writing. The Supplier may refuse any such request without providing
reasons either orally or in writing.
74. This agreement constitutes the entire agreement between the parties relating in any
way to its subject matter. All previous negotiations, understandings, representations,
warranties, memoranda or commitments about the subject matter of this agreement
are merged in this agreement and are of no further effect. No oral explanation or
information provided by a party to another affects the meaning or interpretation of
this agreement or constitutes any collateral agreement, warranty or understanding.

Privacy Act
75. The Applicant agrees to the terms of the Privacy Act 1988 authorisation attached to
this agreement.

Page 3 of 8

The Applicant hereby applies for the granting of a credit facility and provides the above information in support thereof.
I am/We are authorised to sign this credit application form on behalf of the Applicant and the information given is true and correct to the best of
my/our knowledge.
Signature

Signature

Name (print)

Witness name (print)

Position

Date

Date
Signature

Signature

Name (print)

Witness name (print)

Position

Date

Date

FOR COMPLETION BY THE SUPPLIER
The Applicant’s credit application is accepted. Signed for and on behalf of the Supplier.
The following persons must sign this credit application on behalf of the Applicant:
For Companies: Where there is only one director for the company then that person must sign, where there are two or more directors for the company then two Directors
or a Director and the Company Secretary must sign.
Sole Traders operating under their own name or under a business name: The individual.
Partnerships: All Partners of the Partnership.
Signature

Position

Name (print)

Date

ACCOUNT APPROVED FOR CASH ON DELIVERY / 7 DAYS / 14 DAYS / 30 DAYS
(Supplier to nominate)

PRIVACY ACT 1988 AUTHORISATION
1.

2.
3.
4.

5.

6.

7.

8.

The Applicant acknowledges that when they apply for credit with the
Supplier, the Supplier may collect credit-related personal information from
the Applicant (“personal credit information”). Personal credit information
may include personal particulars (name, sex, address, previous addresses,
date of birth, name of employer and driver's licence number), details of
services provided by the Supplier to the Applicant, overdue amounts and
recovery action taken.
If the Applicant does not provide the information requested in this credit
application, the Supplier may be unable to process this application and/or
provide credit to the Applicant.
The Supplier agrees that, in dealing with information disclosed to it by the
Applicant, the Supplier will act in accordance with the National Privacy
Principles and with the Privacy Act 1988.
The Applicant authorises the Supplier to obtain any information about the
Applicant’s consumer or commercial credit or business history, commercial
activities or commercial credit worthiness from the Applicant’s bank, any
trade referee named in this application and any other credit reporting agency
or business which provides information about the commercial
creditworthiness of a person or entity in relation to credit provided by the
Supplier.
The Applicant agrees that the Supplier may exchange information about the
Applicant with any party named in clause 4 or in a consumer credit report
issued by a credit reporting agency in respect of the Applicant for the
following purposes:
(a) to assess a credit application by the Applicant;
(b) to assess the creditworthiness of the Applicant;
(c) to withdraw credit facilities;
(d) to notify other credit providers of a default by the Applicant;
(e) to exchange information with other credit providers as to the status of
this credit account, where the Applicant are in default with other credit
providers; and/or
(f) to enable the daily operation of the Applicant’s credit facility, if any.
The Applicant understands that the information exchanged pursuant to
clause 5 can include anything about the Applicant's creditworthiness, credit
standing, credit history or credit capacity that credit providers are allowed to
exchange under the Privacy Act 1988 and the Privacy (Credit Reporting)
Code 2014 (Version 1.2).
The Supplier may give information about the Applicant to a credit reporting
agency for the following purposes:
(a) to obtain a consumer credit report about the Applicant; and/or
(b) to allow the credit-reporting agency to create or maintain a credit
information file containing information about the Applicant.
The information given to the credit-reporting agency may:

9.
10.
11.

12.

13.

14.
15.

(a) include personal particulars (name, sex, address, previous addresses,
date of birth, name of employer and driver's license number;
(b) include details concerning the Applicant's application for consumer or
commercial credit and the amount requested;
(c) advise that the Supplier is a current credit provider to the Applicant;
(d) advise of any overdue accounts, loan repayments, and/or any
outstanding monies owing which are overdue by more than sixty days
(60), and for which debt collection action has been taken;
(e) advise that the Applicant's overdue accounts, loan repayments, and/or
any outstanding monies are no longer overdue in respect of any default
that has been listed;
(f) information that, in the opinion of the Supplier, the Applicant has
committed a serious credit infringement (that is, fraudulently or
showing an intention not to comply with the Applicant’s credit
obligations); and
(g) advise that any credit facility provided to the Applicant by the Supplier
has been paid or otherwise discharged.
The Applicant may request personal credit information about themselves
from the Supplier.
If the Applicant believes that any personal credit information is incorrect or
incomplete, the Applicant may request the Supplier to correct the
information.
If the Applicant has any complaint about the Supplier’s personal credit
information policy, the handling of personal credit information by the
Supplier or a breach of the Australian Privacy Principals, the Applicant may
make a complaint to the Supplier.
Further information on how the Applicant may request the Supplier to
correct information, or make a complaint to the Supplier, and how the
Supplier will deal with these matters is set out in the Supplier’s privacy
policy.
The Applicant may request credit reporting bodies to whom the Supplier
provides the Applicant’s personal credit information not to:
(a) use credit reporting information for the purpose of pre-screening or
direct marketing by credit providers; or
(b) disclose credit reporting information if the Applicant or the Guarantor
believes on reasonable grounds that he or she has been, or is likely to
be a victim of fraud.
The Supplier is not likely to disclose information about the Applicant to
overseas recipients.
The Applicant may obtain a copy of the Supplier’s policy in relation to the
management of personal credit information from the Supplier’s website at
www.advantageair.com.au or by request to the Supplier.

Page 4 of 8

DEED OF GUARANTEE & INDEMNITY
To

Advantage Air Aust. Pty Ltd ABN 77 056 510 555, Advantage Air (QLD) Pty Ltd ABN 95 093 328 824 (Supplier)

Name

Address

Name

Address

(Guarantors) hereby covenant and undertake and if more than one, jointly and severally, as follows.
Jurisdiction

Insolvency of Applicant

1.

Consideration

14. No sum of money which the Applicant pays to the Supplier and the Supplier later pays, is
obliged to pay, allows in account or is obliged to allow in account to a liquidator,
administrator, receiver or trustee in bankruptcy of the Applicant by reason of the
Corporations Act 2001, Bankruptcy Act 1966 or otherwise will, for the purpose of this
guarantee and indemnity, be considered as reducing, discharging or diminishing the
Applicants or the Guarantors’ liability and this guarantee and indemnity will continue to
apply as if the said sum(s) had at all times remained owing by the Applicant.

3.

Costs

2.

The Guarantors acknowledge and agree that this guarantee and indemnity is governed by
the laws of Western Australia, and the laws of the commonwealth of Australia which are
in force in Western Australia.
The parties to this guarantee and indemnity submit to the non-exclusive jurisdiction of the
courts of Western Australia and the relevant federal courts and courts competent to hear
appeals from those courts.
In consideration of the Supplier extending or agreeing to extend credit or further credit to
the Applicant at the Guarantors’ request (testified by the Guarantors’ execution of this
agreement) for goods and services (together, goods) sold or to be sold from time to time,
the Guarantors guarantee payment to the Supplier of all money which is now or at any
time in the future becomes due and payable to the Supplier by the Applicant on any credit
facility, account or accounts whether now existing or which may in the future be opened or
in any manner whatsoever.

Guarantee and indemnity
4.

The Guarantors agree to guarantee and indemnify the Supplier against all losses damages
or expenses that the Supplier may suffer as a result, either directly or indirectly, of any
failure by the Applicant to make due payment of any money owing to the Supplier whether
for goods sold or otherwise or to observe the terms of any agreement between the
Applicant and the Supplier, including costs on a full indemnity basis of any attempt or
attempts to recover monies owed from the Applicant or any Guarantor and whether
successful or not or whether frustrated by the Applicant or Guarantor or by operation of
law and including costs ordered by a court to be paid by the Supplier to the Applicant or to
any Guarantor including the costs of lodging and withdrawing caveats and/or obtaining
injunctions and enforcing any security over real and personal property given to the
Supplier.
5. This guarantee and indemnity will be a continuing guarantee and indemnity and will not be
considered as wholly or partially satisfied or discharged by any money which may at any
time or times in the future be received or applied by the Supplier to the credit of any
account of the Applicant.
6. Where two or more persons execute this guarantee and indemnity, the guarantees,
covenants and obligations in this guarantee and indemnity given or undertaken by the
Guarantors will be deemed to bind the Guarantors jointly and each of the Guarantors
severally and the Supplier will be entitled to seek payment in full from any one or more of
the Guarantors without seeking payment from the other Guarantors.
7. The Supplier will have the right to proceed against the Guarantors under the Guarantee and
Indemnity, with or without notice to the Applicant, as if the primary liability for any
money owing was the Guarantors’ own. Further, the Suppliers will have the right to
proceed against the Guarantors notwithstanding any other rights it may have in relation to
the recovery of the amounts hereby guaranteed.
8. This guarantee and indemnity will continue in force until such time as the Supplier
releases the Guarantors in writing, and notwithstanding the fact that the Guarantors are no
longer directors, shareholders or owners of the Applicant.
9. The liability of each Guarantor under this guarantee and indemnity shall not be limited or
affected by any credit limit granted or varied by the Supplier, either at the time the
agreement between the Supplier and the Applicant is entered into or subsequently.
10. This guarantee and indemnity is without prejudice to and will not be affected by nor will
the rights or remedies of the Supplier against the Guarantors or any of the Guarantors be in
any way prejudiced or affected by:
(a) any other security taken by the Supplier from the Applicant or any other person; or
(b) any waiver or indulgence, whether as to time or otherwise, given to the Applicant or
any Guarantors.
11. This guarantee and indemnity is enforceable in full by the Supplier even if it signed by
only one or more Guarantors.

Right of subrogation
12. In the event of the Guarantors and/or the other Guarantors making any payment in respect
to an obligation of the Applicant whether under a guarantee or indemnity or otherwise, the
Guarantors will not exercise any rights of subrogation against any other Guarantors or the
Applicant unless and until the Supplier has been paid in full.
13. In the event of the Applicant going into liquidation, the Guarantors will be prohibited from
proving in competition with the Applicant unless and until the Supplier has been paid in
full and any funds received by the Guarantors from the Liquidator will be held on trust for
the Supplier until the Supplier has received 100 cents in the dollar in respect of the monies
owing by the Application to the Supplier.

15. The Supplier is at liberty from time to time to charge the account of the Applicant with all
costs, charges and expenses, legal or otherwise that the Supplier incurs in connection with:
(a) the account of the Applicant;
(b) this guarantee and indemnity;
(c) any other security in respect of the indebtedness of the Applicant to the Supplier;
(d) the preparation, completion and stamping of this deed; or
(e) the exercise or attempted exercise of any right, power or remedy conferred on the
Supplier under or by virtue of this deed;
and the same will be part of the monies secured by this deed.
16. The Guarantors agree to pay the Supplier’s costs and disbursements incurred in recovering
monies secured by this deed, including debt recovery agency fees and legal costs on a full
indemnity basis.
17. The Guarantors appoint as their duly constituted attorney the Supplier’s company secretary
from time to time to execute in the Guarantors’ names and as the Guarantors’ act and deed
any real property mortgage or consent to any caveat the Supplier may choose to lodge
against real property that the Guarantors may own in any Land Titles Office in any state or
territory of Australia, even though the Guarantors may not have defaulted in carrying out
their obligations hereunder.

Variation
18. The Guarantors authorise the Supplier to give time or any other indulgence or
consideration to the Applicant in respect of compliance with its obligations to the Supplier,
even if giving time or any other indulgence or consideration has the effect of increasing the
Guarantors’ liability under this guarantee and indemnity.
19. The Guarantors agree that this guarantee and indemnity will not be avoided, released or
affected by the Supplier making any variation or alteration in the terms of its agreement(s)
with the Applicant, even if such variation or alteration has the effect of increasing the
Guarantors’ liability under this guarantee and indemnity.

Severance
20. If any provision of this guarantee and indemnity is not enforceable in accordance with its
terms, other provisions which are self-sustaining are and continue to be enforceable in
accordance with their terms.

Security/charge
21. The Guarantors charge in favour of the Supplier all of their estate and interest in any real
property that the Guarantors own at present and in the future with the amount of their
indebtedness hereunder until discharged, such indebtedness to include all amounts referred
to in clauses 3 and 4.
22. The Guarantors charge in favour of the Supplier all of their estate and interest in any
personal property that the Guarantors own at present and in the future with the amount of
their indebtedness hereunder until discharged, such indebtedness to include all amounts
referred to in clauses 3 and 4.
23. This guarantee and indemnity secures the repayment of all monies owed by the Applicant
whatsoever, and this deed constitutes the entire guarantee and indemnity.

Personal Property Securities Act
24. For the avoidance of any doubt, the security interest(s) created by this instrument in favour
of the Supplier constitutes security interests pursuant to the Personal Property Securities
Act 2009.
25. The Guarantors waive any right or entitlement to receive notice of the registration of any
security interest(s) created by this instrument on the Personal Property Securities Register.

Privacy Act
The Guarantors authorise the Supplier to do each of the things listed the Privacy Act 1988
authorisation attached to this agreement in relation to its personal credit matters.

Dated
Signed, sealed and
delivered by the guarantor Signature

Name
Position

Witness signature
Signed, sealed and
delivered by the guarantor Signature

Name
Name
Position

Witness signature

Name

Page 5 of 8

Advantage Air Warranty Policy
1. General
In this Warranty Policy:
A product is a product which was manufactured by Us or supplied to You by Us or both.
Us/Our/We means Advantage Air (Aust) Pty Ltd (ABN 77 056 510 555) or Advantage Air (QLD) Pty Ltd (ABN 95 093
328 824) as applicable.
You/Your means the person, organisation, partnership, corporation, trust or other entity who has purchased a product from
Us or an Authorised Dealer.
Authorised Dealer means a dealer, retailer or installer of Ours that has been authorised by Us to sell Advantage Air
products.

2. Our Warranty to You
Advantage Air provides a “peace of mind” product warranty on all Advantage Air products. We warrant to You that
Advantage Air products:
(a)

will, during the warranty period, comply with the technical specifications published on Our website;

(b)

are constructed of suitable and appropriate materials; and

(c)

are constructed using good and careful workmanship.

If you are a consumer under the Australian Consumer Law then our goods also come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or
replaced if the goods fail to be acceptable quality and the failure does not amount to major failure.
The benefits given to You under this Warranty are in addition to other rights and remedies under a law in relation to the
products. Nothing in this Warranty purports to exclude, restrict or modify or have the effect of excluding, restricting or
modifying the application any of the provisions of the Competition and Consumer Act 2010 or any relevant laws which by
law cannot be excluded, restricted or modified.

3. Warranty periods
Different warranty periods apply to different components of the products supplied by Advantage Air, as set out in the table
below (Warranty Period).
Product

Warranty Period

Air conditioning units

As per manufacturer’s warranty

All electronic control systems and motors

5 years

All other products

10 years

The Warranty Period will depend on the product You have purchased. In all cases the commencement date for the
Warranty Period is the date of purchase as reflected on the Authorised Dealer’s invoice/receipt provided to You.

4. Making a Warranty claim
If You consider that an Advantage Air product You have purchased from Us has a defect or does not comply with the
warranties given to You by this Warranty or under the Competition and Consumer Act (2010), You can make a claim under
this Warranty.
If You have purchased from an Authorised Dealer
If You have purchased an Advantage Air product from an Authorised Dealer and You wish to make a claim under this
Warranty, You must contact the Authorised Dealer within 30 days of a defect being discovered.

Page 6 of 8

If You are unable to contact the Authorised Dealer or the Authorised Dealer will not provide You with assistance please call
us on (08) 6253 0100, if the product is located in Western Australia, or (07) 3623 2600, if the product is located in
Queensland.
If You are an Authorised Dealer
If You are an Authorised Dealer and You wish to make a claim under this Warranty, You must within 30 days of a defect
being discovered:
(a)

at Your cost, attend the site where the product is located and assess the fault and report on the fault to Us; and

(b)

Complete and forward to Us a properly completed Warranty Claim Form (as prescribed by Us) together with the proof
of purchase and Your report on the fault by mail, fax or email to the address stated below.

Our Warranty Claim Form is available on our website. If You are unable to obtain our Warranty Claim Form from our
website We will provide You with a copy on request.
If You do not follow the Warranty claim process outlined in this Warranty You may be liable for charges in accordance
with Our Schedule of Charges set out below.

5. Where to send a Warranty Claim Form
For products located in Western Australia You must send the completed Warranty Claim Form and any other documents
required by Us, as stated above to,:
Advantage Air (Aust) Western Australia:
By Mail:
By Fax:

PO Box 5166,
Canning Vale South WA 6155
08 9456 5688

By Email:

warranty@advantageair.com.au

For products located in Queensland You must send the completed Warranty Claim Form and any other documents required
by Us, as stated above to,:
Advantage Air (QLD) Queensland:
By Mail:

By Fax:

359 Fison Avenue East
Eagle Farm QLD 4009
(07) 3268 2366

By Email: service@advantageair.com.au

6. What We will do
Following receipt of a Warranty Claim Form under this Warranty, We will send a representative to the place where the
Advantage Air product is located to assess the Warranty claim. You must provide Us with safe and ready access to all
products. We will not undertake any work in respect of the Warranty claim until safe and ready access is provided. Any
costs incurred by Us to provide such safe and ready access are payable by You.
If Your Warranty claim is valid
If We determine that Your claim is valid We will, at Our discretion:
(a)

in relation to the supply of products:
(i) replace the products or supply similar products;
(ii) repair the products;
(iii) provide the cost for replacing the products or for acquiring equivalent products; or
(iv) provide the cost for having the products repaired; and

(b)

in relation to the supply of services:
(i) supply the service again; or
(ii) provide for the cost of having the services supplied again.

If an installer knowingly installs a faulty product, We will supply a replacement product but We will not be liable for the cost of installation of
that replacement product.

Page 7 of 8

If Your Warranty claim is not valid
If We determine that Your Warranty claim is not valid, We will (at Our absolute discretion):
(a)

advise You of our decision and charge a call out fee in accordance with the Schedule of Charges set out below, as varied from time
to time; or

(b)

with Your authorisation, repair any fault not and charge You in accordance with the Schedule of Charges set out below, as varied from
time to time.

7.

Warranty exclusions

To the extent permitted by law, this Warranty is limited by the matters set out below. All other conditions, warranties and
liabilities, whether express or implied, are otherwise excluded except for those provisions which may not be excluded by
law.
Unless specified otherwise under ‘Warranty Periods’, this Warranty covers Advantage Air products only.
This Warranty covers 240V damper motors for replacement only. The costs of labour or any other incidental costs will not
be covered.
This Warranty does not cover damage caused by:
(a)

misuse or abuse of the product;

(b)

incorrect, incomplete, or improper operation of the product or not following the operation instructions contained in the instruction manual
or set out on the product label;

(c)

fire;

(d)

acts of God, riot, war, terrorism;

(e)

accident;

(f)

alteration of the product (in any manner or form whatsoever);

(g)

faulty, incorrect, incomplete, or improper installation of the product;

(h)

incorrect voltage or non-authorised electrical connections;

(i)

repair carried out on the product other than by an Authorised Dealer.

This Warranty does not cover service costs in replacing and maintaining consumable parts which have ceased working
through normal wear and tear.

8. Schedule of Charges
The following schedule of charges currently applies:
Description

Fee

Call out fee

$250 (ex GST) including first hour

Labour charge for repairs unrelated to an Advantage Air product defect

$140 (ex GST)/ hour

Products damaged as a result of poor installation

Charged according to Applicant
purchase prices

The above schedule of charges may change from time to time.

Page 8 of 8



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